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Home / Jeremy Phillips / scent name dispute / Nude litigants head for Chancery Division

Nude litigants head for Chancery Division

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The Press Association has reported that fashion designer Stella McCartney's company is facing legal action from Nude Skincare following a dispute over the use of the word "nude".
Stella McCartney Ltd had planned to release its new fragrance Stella Nude. However, Nude Skincare, run by eco-entrepreneur Bryan Meehan and Bono's wife Ali Hewson, have objected to the company's decision to use the word "nude" in the title of its fragrance. The proceedings, which are scheduled for an autumn airing in the Chancery Division of the High Court for England and Wales, are also being brought against YSL Beauté (part of L'Oréal), Stella McCartney's licensee.

Basenotes reports that Stella Nude "blends top notes of Moroccan rose and grapefruit with heart notes of white peony and pink pepper. The base features notes of Ugandan vanilla and grey amber".

The IPKat, who will keep an eye out for further developments, would like more legal detail, noting that Times Online's Law Central makes it appear that this is a trade mark dispute rather than passing off, and that the claimant is Nude Brands Ltd, rather than Nude Skincare.

Merpel is astonished at the number of trade marks in the UK/EU which contain the word NUDE. For example, Nude Brands Ltd has registered for goods and services in Classes 3, 4, 5, 29, 30, 31, 32, 33, 35, 43 and 44: these include dental wax, beard dyes, meat, fish, poultry and game, preparations for destroying vermin, abrasive preparations (ouch!) ...

Tufty wonders, though: how did NUDE get through for massage and suntanning?
Nude litigants head for Chancery Division Nude litigants head for Chancery Division Reviewed by Jeremy on Thursday, August 13, 2009 Rating: 5

3 comments:

  1. AnonymousThursday, 13 August 2009 at 23:57:00 GMT+1

    Absent real nudity, it's surely deceptively misdescriptive ... or maybe it's meant to be perfume worn by nudists... ;-)

    ReplyDelete
  2. AnonymousFriday, 14 August 2009 at 17:43:00 GMT+1

    There is a hearing before Mr Justice Floyd at 2 p.m. on Monday 17 August. I don't know whether cats will be admitted to the public gallery.

    ReplyDelete
  3. AnonymousTuesday, 1 September 2009 at 15:37:00 GMT+1

    The decision is now available at:

    http://www.bailii.org/ew/cases/EWHC/Ch/2009/2154.html

    ReplyDelete

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